§ 72-1241. Effect on pending applications.

Any application for a development order or development permit as defined in section 72-2, filed pursuant to applicable county ordinances and regulations in effect prior to the initial adoption of this article shall be subject to the following transition provisions:

(1)

Final site plans.

a.

Final site plans approved on or before February 1, 1988, shall have two years from the date of final approval to complete construction in accordance with the approved site plan.

b.

Applications for final site plans submitted on or before January 19, 1998, shall have six months previously in effect. Upon approval, such projects shall have two years to complete construction in accordance with the approved site plan.

(2)

Subdivisions.

a.

Subdivisions which have received preliminary plat approval prior to the effective date of this article shall have one year from the date of such approval to obtain final plat approval in accordance with provisions of Ordinance No. 72-2, as amended.

b.

Subdivisions which have received ODP approval prior to the effective date of this article shall have six months from the effective date of this article or one year from the date of such approval, whichever date is later, to submit a preliminary plat under provisions of Ordinance No. 72-2, as amended, and shall have one additional year within which to obtain final plan approval.

c.

Subdivisions with sketch plan or ODP applications pending on January 19, 1988, shall have 90 days to obtain approval under prior regulations. If ODP approval is not obtained within that time period, the development shall be reviewed under the standards and provisions of this article; provided however, the applicant may request one, 90-day extension which the county council may, in its discretion, approve or deny.

(3)

Stormwater. Stormwater permit applications pending on the effective date of this article under previous requirements of Ordinance No. 78-32, shall be completed in accordance with the provisions of division 8 of this article.

(4)

 Transition and expiration.

a.

The DRC shall assume all review and approval functions of the task force and stormwater management board which existed under prior ordinances and regulations, with regard to developments covered by subsections (1) through (3) of this section.

b.

Approvals for developments under prior regulations shall expire as provided in subsections (1) through (3). Thereafter, all further review and approvals shall be in compliance with all provisions of this article.

c.

For developments where reasonable question exists regarding application of subsections (1) through (3), the applicant may appeal, as provided in subsection 72-502(g).

(Ord. No. 90-22, § IV, 5-17-90; Ord. No. 90-33, § LX, 9-27-90; Ord. No. 92-18, § III, 6-18-92; Ord. No. 2008-25, § III, 12-4-08; Ord. No. 2013-20, § XIX, 12-12-13)